BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1023 (Committee on Judiciary) - Courts: judgeships
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|Version: February 12, 2016 |Policy Vote: JUD. 7 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: April 18, 2016 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 1023 would appropriate $5 million from the General
Fund for the purpose of funding 12 new superior court
judgeships, and accompanying staff, as specified.
Fiscal
Impact:
First-year costs of $5 million (General Fund), assuming
funding for six months in Fiscal Year 2016-17.
Future annual costs ranging from $10 million to $15.6 million
(General Fund), dependent on the level of staffing complement
funded.
Background: Existing law requires the Judicial Council to report to the
Legislature on or before November 1st of every even-numbered
year on the need for new judgeships in each superior court
SB 1023 (Committee on Judiciary)
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(Government Code § 69614(c)(1)). In its most recent report, The
Need for New Judgeships in the Superior Courts: 2014 Update of
the Judicial Needs Assessment, the Judicial Council reports that
nearly 270 new judicial officers are needed in 35 courts to meet
the workload-based need for new judgeships.
As stated in the report, "The public's right to timely access to
justice is contingent on having adequate judicial resources in
every jurisdiction. The number of judgeships authorized and
funded by the Legislature has not kept pace with workload,
leaving many courts with serious shortfalls-as high as nearly 70
percent-between the number of judgeships needed and the number
that have been authorized and filled. Securing new judgeships is
one of the core elements of the Chief Justice's Three-Year
Blueprint for a Fully Functioning Judicial Branch and has been a
top priority for the Judicial Council for many years."
AB 159 (Jones) Chapter 722/2007 authorized the creation of 50
new judgeships to be filled pursuant to budget authorization
beginning May 2008. AB 159 also authorized the conversion of up
to 162 subordinate judicial officer (SJO) positions to judgeship
positions upon a voluntary vacancy of the SJO position, up to a
maximum of 16 conversions per fiscal year. To date, funding for
the 50 authorized judgeships has not been provided.
In an effort to help reduce strain on the courts and ensure
Californians' access to justice, this bill would fund 12 of the
50 judgeships previously authorized by AB 159, allocated
pursuant to the latest Judicial Needs Assessment approved by the
Judicial Council. Accordingly, if chaptered, this bill would
allocate the 12 judges as follows: four to San Bernardino
County, three to Riverside County, and one each to Fresno, Kern,
Los Angeles, San Joaquin, and Stanislaus Counties.
Proposed Law:
This bill would appropriate $5 million from the General Fund
for the purpose of funding 12 new superior court judgeships, and
accompanying staff, as authorized pursuant to Government Code §
69614.2. This bill would require the Judicial Council to
determine the allocation of the funded judgeships pursuant to
uniform criteria, as specified, and as updated and approved by
the Judicial Council.
SB 1023 (Committee on Judiciary)
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Prior
Legislation: SB 229 (Roth) 2015 as enrolled and presented to
the Governor was identical to this bill. SB 229 was vetoed by
the Governor with the following message:
This bill appropriates $5 million from the General Fund for 12
new superior court judgeships and accompanying staff. I am aware
that the need for judges in many courts is acute - Riverside and
San Bernardino are two clear examples. However, before funding
any new positions, I intend to work with the Judicial Council to
develop a more systemwide approach to balance the workload and
the distribution of judgeships around the state.
SB 1190 (Jackson) 2014 would have appropriated funding for 50
previously authorized judgeships and two new appellate justices,
authorized 50 additional judgeships, and increased the number of
appellate justices by two in the San Bernardino/Riverside area.
This bill was held on the Suspense File of this Committee.
SB 405 (Corbett) Chapter 705/2011 ratified the authority of the
Judicial Council to convert 10 additional subordinate judicial
officer (SJO) positions in eligible superior courts to
judgeships in FY 2011-12, where the conversion will result in a
judge being assigned to a family law or juvenile law assignment
previously presided over by an SJO.
SB 377 (Corbett) 2009 would have, upon appropriation in the
Budget Act, established 50 new superior court judgeships. This
bill was held on the Suspense File of this Committee.
SB 1150 (Corbett) 2008 would have, upon appropriation,
established 50 new superior court judgeships in the 2009-10
fiscal year. This bill was held on the Suspense File of this
Committee.
AB 159 (Jones) Chapter 722/2007 authorized 50 additional
superior court judgeships and enacted additional reporting
requirements regarding the diversity of the applicant pool for
judgeships. This bill also authorized the conversion of up to
162 subordinate judicial officer (SJO positions to judgeship
positions upon a voluntary vacancy of the SJO position, up to a
maximum of 16 conversions per fiscal year.
SB 1023 (Committee on Judiciary)
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SB 56 (Dunn) Chapter 390/2006 authorized 50 additional superior
court judgeships and required reporting on the diversity of
judges and the applicant pool for judgeships.
SB 1857 (Burton) Chapter 998/2000 created 20 new trial court
judgeships and 12 new appellate court judgeships.
AB 1818 (Baca) Chapter 263/1996 created 21 new trial court
judgeships and five new appellate court judgeships.
Staff
Comments: The $5 million General Fund appropriation is
estimated to fund 12 new superior court judgeships and
accompanying staff for the last six months of Fiscal Year
2016-17, allowing for the time likely required to make
appointments should the bill be enacted. This half-year estimate
utilizes a reduced staffing ratio to complement each judgeship.
Assuming funding continues at this reduced rate, future annual
costs to fund the 12 judgeships and accompanying staff would be
$10 million (General Fund).
The Judicial Council has indicated the ongoing cost of a new
judgeship with a full staffing complement of 8.87 FTEs (support
staff salaries, benefits, and operating costs) plus 0.42 FTE for
a court interpreter at approximately $1.3 million per judge. At
this fully funded rate, the annual cost of funding 12 judgeships
and accompanying staff would be $15.6 million (General Fund).
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